p.2 steamer Free Trader breaks engine, towed in by Wellington.
The Assizes - Farrell vs. the Provincial Insurance Company. - This was an action to recover on a policy effected for the sum of 500 pounds on the schooner Josephine, the amount of certain damages alleged to have been sustained by the sail vessel on the 7th October, 1855, in Oswego harbor.
Joseph McWhinnie, master of the vessel, testified that on the 7th October, 1855, the vessel entered Oswego harbor during the prevalence of a storm, and struck against the pier at that place, sustaining such injuries that she was obliged to be hauled out for repairs; that the vessel was much strained, and in consequence thereof during the night she took three feet water in her hold; previous to this trip the vessel had carried a load of wheat; the rigging was also much chafed. The bill of repairs amounting to 97 pounds 10 s. is shown witness, who says that the items charged for were rendered necessary in consequence of such injury.
The defendants pleaded that the account was exhorbitant; that the repairs charged for were not necessary in consequence of the striking at the pier, but because the vessel was in want of repair previously to the 7th October, and that no survey had been held. They therefore claimed a reduction of three-fourths of the account for caulking on this ground. Again, the vessel was valued at 750 pounds, the owner of the vessel was therefore his own insurer to one-third the value, and the defendants claimed a reduction of this third. They also claim the usual reduction of one-third for the substitution of new for old. These reductions would bring the amount to about 37 pounds, which being less than five per cent on the average would entitle them to a verdict.
Capt. Weatherly, agent of the Provincial Insurance Company, was called, who said that he looked at the vessel two or three days after she had been hauled out in the dry dock; the injuries received by the striking 10 pounds would cover; the vessel had not been caulked for some time previously, and he considered that the repairs done in caulking and rigging were rendered necessary by ordinary wear and tear, and not by the striking.
Verdict for Plaintiff 65 pounds.
Messrs. O'Reilly and Philpotts for Plaintiff; Mr. Burns for Defendants.